Taxi regulations take back seat to curbing DWIs

Catherine Dominguez

Published 5:37 pm, Tuesday, May 7, 2013

With a heightened focus on drunk-driving crackdowns in Montgomery County, more people are hailing taxi cabs. But for unincorporated areas like The Woodlands, a lack of regulations could make passengers vulnerable.

In July 2012, law enforcement agencies along with the Montgomery County District Attorney’s Office created two task forces to tackle a growing number of drunken-driving incidents in South Montgomery County, including two separate accidents within 48 hours that claimed a total of five lives.

That effort has increased the number of people using cabs and other chauffeur services, as well as the number of taxi companies operating in the community.

In Texas, taxi companies and their drivers are regulated through municipalities like Houston and Conroe. However, county governments, such as Montgomery County, have no regulatory control. And, because The Woodlands is not a municipality, there are no regulations for taxi service for the community of more than 100,000 residents.

“We are a special-purpose district; the township is not a city,” said Bruce Tough, chairman of The Woodlands Township Board of Directors. “We don’t have ordinance-making ability to regulate or permit taxi drivers.”

Tough said the township has discussed how to address the issue. But without the authority, there is little the board can do.

“We are concerned,” he said. “As we continue to grow, that is going to be one of the many issues we will face by not being a city and the ability to pass ordinances.”

According to County Attorney JD Lambright, the county’s hands are tied as well.

“We don’t turn up anything that gives the county authority to do any kind of regulations for taxi cabs out in the county,” Lambright said. “I was a little surprised.”

Lambright said the only way the county would be able to pursue regulations would be through legislation.

“It is totally unregulated out there,” he said. “But the county only has the power the Legislature gives them.”

City watchdog

While taxi companies based in unincorporated areas may not have the same regulations, some companies operating in the county are based in Conroe and Houston. That means, those companies follow strict ordinances set forth by city councils.

According to Conroe’s taxicab ordinance, businesses, vehicles and drivers all must have a permit issued through the city. The permitting process includes background checks on drivers, proof of insurance for the business and drivers and proof the business owner does not owe any back taxes.

“Some people have made some bad choices in life and some bad decisions,” he said. “The standard I apply when these drivers come across my desk is I look at the total circumstances and think, ‘Is this someone I’m comfortable with picking up my mom, my grandma or my daughter at 2 a.m. in the morning?’ Am I comfortable with that person getting into the back of that cab alone?

“We check not only their criminal convictions, we go to the trouble to check their history with the city and what kind of calls we have been on with them as either a complainant or victim.”

Johnson said officers also inspect the taxi company’s location and vehicles to ensure they are properly maintained and meet all the requirements set forth in the ordinance, such as having a fire extinguisher, rates posted and seatbelts for all passengers.

The ordinance also sets a maximum fair and number of passengers per taxi.

“The ordinance is there to not only protect the consumer getting into that cab,” Johnson said, “but it also gives us a framework where as a city we can support that business owner in the event there is some sort of dispute.”

The city’s ordinance sets out regulations on who a taxi driver allows into the cab, such as if a driver believes his or her safety could be compromised, whether conditions could be hazardous or if the driver believes the customer is participating in illegal activity.

According to Ernesto Gonzalez, part owner of newly launched Taxi Club of The Woodlands, while there are no set regulations for taxi companies in the county, his company is completing background checks on drivers, including obtaining fingerprints, medical history and a drug screening.

“We are doing things correctly,” he said. “(Drivers) are prescreened.”

By following similar regulations set forth by cities like Houston and Conroe, Gonzalez said, the company will be prepared for when taxi companies in the county become regulated.

“We don’t want any surprises,” he said. “We are prepared so that when the time comes for regulation, we are ready for it.”

Priority list

Warren Diepraam, with the Montgomery County District Attorney’s Office, said getting intoxicated drivers off the road by having them take taxis is a priority over regulation.

“We understand there is a justification for regulation for transportation companies,” Diepraam said. “But at this point, taxicab service in Montgomery County is vital to us in ensuring safe roads. I think public safety takes a priority over immediate regulation issues.”

Diepraam said he has not heard of any complaints from residents about taxi drivers or companies in the county.

“If there were any complaints filed, we would investigate them,” he said. “We just haven’t had any.”

Diepraam did caution residents to know who they are doing business with.

“If you are in a reputable establishment and you want a taxi, ask them to call a taxi,” he said. “They know who is doing a good job in the area and that’s who they will refer you to.”

Marty Wilgers, owner of Exit 73 Bar and Grill and a member of the Montgomery County Bar Owners Alliance, said his establishment works pretty exclusively with Yellow Cab.

“Yellow has been active with the alliance and putting out the word about alternative transportation for people that shouldn’t be behind the wheel,” he said. “We tend to call them first because their goals and interests are the same as ours.”

In the past, it had been difficult to get a cab, Wilgers said, but Yellow Cab has stepped up to the plate. His staff has used other cab services but Yellow has been a good fit in the effort to reduce drunken driving in the community.